Req. No. 9121 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3240 By: Gann
AS INTRODUCED
An Act relating to public health and safety; creating
the Oklahoma Save Adolescents from Experimentation
(SAFE) Act; defining terms; imposing duties and
requirements; establishing liability ; providing legal
remedies; creating restrictions; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2606 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma Save
Adolescents from Experimentation (SAFE) Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Biological sex" means the biological indication of male and
female in the context of reproductive potential or capacity, su ch as
Req. No. 9121 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sex chromosomes, naturally occur ring sex hormones, gonads, and
nonambiguous internal and external genitalia present at birth,
without regard to an individual's psychological, cho sen or
subjective experience of gender ;
2. "Cross-sex hormones" means testosterone or other androgens
given to biological females in amounts that are larger or more
potent than would normally occur naturally in healthy biological
females and estrogen give n to biological males in amounts that a re
larger or more potent than woul d normally occur naturally in healthy
biological males;
3. "Gender" means the psychological, behavioral, social , and
cultural aspects of being male or female;
4. "Gender reassignment surgery" means any medical or surgical
service that seeks to surgically alter or remove healthy physical or
anatomical characteristics or features that are typical for the
individual's biological sex, in order to instill or create
physiological or anatomical characteristics that resemble a se x
different from the individual 's biological sex, including, but not
limited to, genital or nongenital gender reassignment surgery
performed for the purpose of assisting an individual with gender
transition;
5. "Gender transition" means the process in which a person goes
from identifying and living as a gender that corresponds to his or
her biological sex to identifying and living as a gender different
Req. No. 9121 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
from his or her biological sex, and ma y involve social, legal or
physical changes;
6. "Gender transition procedures" means any medical or surgical
service, including, but not limited to , physician's services,
inpatient and outpatient hospital services, or pres cribed drugs
related to gender transition that seeks to:
a. alter or remove physical or anatomical character istics
or features that are t ypical for the individual's
biological sex, or
b. instill or create phy siological or anatomical
characteristics that re semble a sex different from the
individual's biological sex, including, but not
limited to, medical services that provide puberty-
blocking drugs, cross-sex hormones, or other
mechanisms to promote the development of feminizing or
masculinizing features in the opposite biological sex,
or genital or nongenital rea ssignment surgery
performed for the purpose of assis ting an individual
with a gender transition.
Gender transition procedures do not include:
a. services to persons born with a medically verifiable
disorder of sex devel opment, including a person with
external biological sex characterist ics that are
irresolvably ambiguous, such as those born with 46 XX
Req. No. 9121 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
chromosomes with virilization, 46 XY chromosomes with
under virilization, or having both ovarian and
testicular tissue,
b. services provided when a physician has otherwise
diagnosed a disorder of se xual development that the
physician has determined through genetic or
biochemical testing t hat the person does not have
normal sex chromosomes structure, sex steroid hormone
production or sex steroid hormone action ,
c. treatment of any infection, injury, disease, or
disorder that has been c aused by or exacerbated by the
performance of gender transition procedures , whether
or not the gender transition p rocedure was performed
in accordance with state and federal l aw or whether or
not funding for the gender transition procedure is
permissible under this act, or
d. any procedure undertaken because the individual
suffers from a physical disorder, physical injury , or
physical illness that would, as certif ied by a
physician, place the individual in imminent danger of
death or impairment of major bodily function unless
such procedure is performed;
Req. No. 9121 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. "Genital gender reassignment surger y" means a medical
procedure performed. For the purpose of assisting a n individual
with a gender transition, including, but not limited to :
a. surgical procedures such as penectomy, orchiectomy,
vaginoplasty, clitoroplasty, or vulvoplasty for
biologically male patients or hysterectom y or
ovariectomy for biologically female pa tients,
b. reconstruction of the fixed part of the urethra with
or without a metoidioplasty , or
c. phalloplasty, vaginectomy, scrotoplasty or
implantation of erection or testicular prostheses for
biologically female patients;
8. "Health care professional" means a person who is licensed,
certified or otherwise authorized by the laws of this state to
administer health care in the ordinary course of the p ractice of his
or her profession;
9. "Nongenital gender reassign ment surgery" means medical
procedures performed for the purpose of assisting an individual with
a gender transition including, but not limited to:
a. surgical procedures for biologically male patients,
such as augmentation ma mmoplasty, facial feminization
surgery, liposuction, lipofilling, voice surgery,
thyroid cartilage reduction, gluteal augmentation,
Req. No. 9121 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
hair reconstruction or various aesthetic procedures,
or
b. surgical procedures for biologically female pa tients,
such as subcutaneous mastectom y, voice surgery,
liposuction, lipofilling, pectoral implants , or
various aesthetic procedures;
10. "Physician" means a person who is licensed in t his state to
practice medicine;
11. "Puberty-blocking drugs" means gonadotropin-releasing
hormone analogues or other synthetic drugs used in biological males
to stop luteinizing hormone secretion and therefore testosterone
secretion or synthetic drugs used in biological females which stop
the production of estrogen an d progesterone when used to delay or
suppress pubertal development in children for the purpose of
assisting an individual with a gender transition; and
12. "Public funds" means state, county, or local government
monies, in addition to any department, agency or instrumentality
authorized or appropr iated under state law or derived from any fund
in which such monies are deposited.
B. A physician or other health care professional shall not
provide gender transition procedures to any individual under
eighteen (18) years of age.
C. A physician or other health care professional shall not
refer any individual under eighteen (18) years of age to any
Req. No. 9121 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
physician or health care professional for gender transition
procedures.
D. It shall be prohibited for any public monies to be directly
or indirectly used, granted, paid , or distributed to any entity,
organization, or individual who provides gender transition
procedures to an individual under eighteen (18) years of age.
E. Any referral for or provision of gender transition
procedures to an individual under eighteen (18) years of age shall
be considered unprofessional conduct a nd is subject to disciplinary
action by the appropriate licensing body or disciplinary review
board with jurisdiction in this state.
1. A person may assert an actual or threatened violation of
this act as a claim or defense in a judicial or administrative
proceeding and obtain compensatory damages, in junctive relief,
declaratory relief or any other appropriate relief.
2. A person shall bring a claim for a violation of this act no
later than two (2) years after the day the cause of action occurs.
3. An individual under eighteen (18) years of age may bring an
action throughout his or her minority through a parent or next
friend, and may bring an action in his or her own name upon reaching
majority at any time from that point until twenty (20) years after
reaching the age of majority.
Req. No. 9121 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. In any action or proceeding to enforce a provision of this
act, a prevailing party who est ablishes a violation of this act
shall recover reasonable attorneys ' fees.
F. Insurance coverage for gender transition procedures within
this state for individuals under eighte en (18) years of age shall be
prohibited.
1. A health benefit plan under an in surance policy or other
plan providing health care coverage in this state shall not include
reimbursement for gender transition pr ocedures for a person under
eighteen (18) years of age.
2. A health benefit plan under a n insurance policy or other
plan providing health care coverage in this state is not required to
provide coverage for g ender transition procedures.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9121 KN 12/28/21